Effect given to the recommendations of the committee and the Governing Body - Report No 349, March 2008

Case No 2285 (Peru) - Complaint date: 06-JUN-03 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 213. The Committee last examined this case at its session in March 2007. The case refers to allegations that taxes were being levied on the Federation of Peruvian Light and Power Workers (FTLFP) as a form of anti-union harassment [see 338th Report, paras 295–299 and 344th Report, paras 164–166]. At that session, the Committee took note of the additional information provided by the FTLFP on the taxes that were, according to the FTLFP, being claimed from time to time and the allegation that the National Public Records Office was hindering and preventing the inclusion of the national congresses of the FTLFP in the public register (inclusion of the Executive Committee in the register). The Committee requested the Government to send its observations on the matter [see 344th Report, para. 166].
2. 214. In its communications of 12 March and 26 October 2007, the Government stated that the requirement to pay taxes did not violate the provisions of trade union legislation and that it was the responsibility of the complainant federation to submit an application for exemption from the property tax. With regard to the inclusion in the register, on 13 January 2006, the Secretary-General and the Legal Defence Secretary of the FTLFP had requested the Ministry of Labour and Employment Promotion for certified copies of various documents, which had been provided on 18 May 2006. The Government indicates that the issue referred to in the complaint had occurred earlier, when in 2005 the Secretary-General of the complainant federation had requested certified copies when he no longer occupied the position, but had nevertheless identified himself as Secretary-General. Moreover in a communication dated 3 March 2008, the Government indicated that it would provide new information.
3. 215. The Committee takes note of the information provided by the Government and invites the complainant organization to submit an application for exemption from the property tax which, according to the Government, it is entitled to do. Given that the tax issue raised by the complainant organization is of a technical nature and has a certain complexity, as is shown by the enclosed documents and the variety of different taxes, the Committee also requests the Government to take measures to enable the National Public Records Office and the complainant organization to examine the issue of the organization’s tax obligations in order to avoid any possible discrimination.